Probation granted in child stealing case

September 6, 2013

Stewart David Smith, 51, received suspended, 10-year prison sentences and has been placed on probation for three years after pleading guilty on Aug. 16 to four counts of child stealing. The pleas were entered before Tama County District Court by Judge Patrick R. Grady. A $1,000 fine was also suspended.

Child stealing is defined in the Iowa?code as: A person commits a class "C" felony when, knowing that the person has no authority to do so, the person forcibly or fraudulently takes, decoys, or entices away any child with intent to detain or conceal such child from its parents or guardian, or other persons or institution having the lawful custody of such child, unless the person is a relative of such child, and the person's sole purpose is to assume custody of such child.

Court records now list a Marshalltown address for Smith. When arrested in May he was living at rural Toledo, records show.

Article Photos

Stewart Smith

photo/Tama Co. Sheriff's Office

The 6th Judicial District Department of Correctional Services was directed to evaluate Smith's risk to public safety and he may be placed in a residential facility without further court order.

The rulings were handed down on Aug. 16, but court records only became available recently.

Smith had faced multiple charges including nine counts of enticing away a minor, two charges of indecent contact with a child and three counts of child endangerment. Those charges were field in May by Tama County Deputy Sheriff Bruce Rhoads for acts allegedly committed in the winter months of 2012-13.

County Attorney's informations filed later included charges of child endangerment, attempting to entice a minor and child stealing.

Most of the charges were dismissed by the court in the plea agreement.

Smith, who was held in the Tama County Jail from May 17 to Aug. 16, was directed to pay sheriff's jail fees of $50 daily, totaling $4,550.